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Consumer Protection Law

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Looking to get some advice for Property Damage of my vehicle…

Customer Question

Looking to get some advice...

Looking to get some advice for Property Damage of my vehicle and dealing with auto insurance company in the state of California...$11,000 - CPO 2010 335d (127,000 miles on it) offer from insurance-6,500 - balance due on 6yr financing BMW Finance-------------$4,500 balance due to meConsidering I'm months away from paying off my car and was looking forward to NOT having car payments anymore I am now in a position of a loss. My vehicle has had zero issues and has been maintained by BMW dealerships over the years so I was looking forward to being free of car payments months from now... Is there such thing as "Dismarket value" that I can claim so that I can be in a better position of being back to where I was before the auto accident?The party that hit me & their insurance company has already accepted liability. Additionally, I am covered by my own insurance; not sure how that works but that's why I'm researching. Direction, advice, and referrals are much appreciated as I'm being pressured by the insurance company at this point since they want to "pay me out already."

Please clarify, can the vehicle be repaired? If so, have you gotten an estimate from an auto repair shop?

You have comprehensive coverage, it that correct?

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Customer reply replied 1 year ago

Hi, thank you for looking into my question. Yes, I have comp & collision. Apparently, the car “can be repaired” as per the estimate of ~$16,800 from insurance appraisal, but the insurance company says it’s a total loss because the value of the car is $11,900.

"A constructive total loss refers to the situation where a vehicle is repairable, but the projected cost of repair will exceed the value of the vehicle. Under California law, the at-fault drive or his insurance is not required to repair a total loss vehicle, only to pay the market value of the car as well as towing and storage fees. The measure of the value of the total loss vehicle, whether actual or constructive, is determined by the market value of the vehicle, vs the cost of replacement, amount owed on the vehicle or the amount paid for the vehicle. The method of determining the value is called a Market Value Survey and is performed by one of three major independent companies which base their evaluation on what comparable vehicles are selling for or have sold for in the same geographic region. Condition, mileage and option adjustments may increase or decrease the value of the vehicle and once the value of the vehicle is determined, unused DMV fee and sales tax are added, resulting in an actual cash value (ACV) evaluation."

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).